ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No.S-724 of 2021
Date |
Order with signature of Judge |
Applicant: Niaz Hussain,
through
Mr.
Sikander Ali Siyal, Advocate
Complainant: Nemo
State: Through Syed Sardar
Ali Shah Rizvi,
Deputy
Prosecutor General
Date of
hearing: 24.01.2022
Dated of
order: 24.01.2022
O R D E R
Zulfiqar
Ali Sangi, J: Applicant/accused Niaz Hussain son of Muhammad
Soomar Lund, is seeking his post-arrest bail in FIR
No.48/2021, registered at Police Station Dad Laghari, District Ghotki, under
sections 302, 311 and 34 PPC. Earlier his post-arrest bail plea was declined by
learned Additional Sessions Judge, Daharki, vide order dated 02.11.2021. Hence,
he approached to this court for same relief.
2.
Learned counsel for the applicant has mainly contended that no active role has
been assigned to the present applicant and only his presence with lathi is
shown at the scene of offence while the main allegation of committing murder of
Mst. Sughar is against co-accused Saddam, therefore case against applicant
requires further enquiry and he is entitled for concession of bail
3. Learned
Deputy Prosecutor General, conceded for
grant of bail by contending that the applicant is behind the bars since his
arrest and nothing has been recovered from his possession.
4. I have heard learned counsel for
the applicant, learned DPG and perused the material available on record with
their able assistance.
5. The allegation against the applicant
as per FIR is that he along with other co-accused had committed murder of Mst.
Sughar on the pretext of honour, however role of present applicant is of only
presence at the place of incident with lathi which has not been used and main
allegation is against co-accused Saddam. Since the applicant has not been
assigned any active role at the time of commission of offence and no private
person had appeared at Police Station for registration of FIR which has been
lodged on behalf of the State, as such the case of applicant requires further
enquiry. Learned DPG has also conceded for grant of bail. Resultantly applicant
is admitted to post-arrest bail subject to his furnishing solvent surety in the
sum of Rs.100,000/- (rupees one lac) and PR bond in
the like amount to the satisfaction of the trial court.
6.
The observations made hereinabove are tentative in nature and will not, in any
manner, influence the learned Trial Court at the time of final decision of the
subject case.
JUDGE
Suleman
Khan/PA